Criminal justice exam 3

Which two legal concepts relating to federal sentencing guidelines did the U.S. Supreme Court clarify in Gall v. United States (2007) and Kimbrough v. United States (2007)?

"advisory" and "reasonableness"

Only _______ countries in the world still have capital punishment out of 195 countries

54

Approximately what percentage of criminal convictions are obtained through plea bargaining?

90%

What percentage of cases heard in the United States do state judges handle?

97%

Which traits are components of "good judging," according to the text?

A good judge is aware of the need for intellectual humility. A good judge remembers that she or he is not omnipotent. A good judge allows the law to take over his or her entire life.

What happens at a preliminary hearing?

A judge determines whether probable cause is sufficient against the accused to proceed to trial.

Which of the following are examples of a judge taking advantage of the courtroom work group?

Before making a final decision, a judge asks the prosecutor for a recommendation regarding bail for the accused. A judge agrees to a plea negotiation between the prosecution and the defense. A judge takes into account a sentencing recommendation from the defense attorney.

Which Amendment prohibits the execution of persons who are mentally incompetent at the time of their execution?

Eighth Amendment

T/F A federal case must be brought to trial no more than 365 days following the arrest.

False

T/F A judge is immune to sanction.

False

T/F All 50 states follow the same standard judicial selection process for state courts.

False

T/F In a criminal case, the prosecutor represents the state legislature.

False

T/F In a trial, the defense makes its opening statement first, followed by the prosecution.

False

T/F Jurisdiction is best defined as the geographic location of a court case.

False

T/F The "right-wrong" test of legal insanity is the standard in most states for defendants who plan on asserting a justification defense.

False

T/F The court system participates in policy making by creating laws that frequently affect our daily lives.

False

T/F U.S. district court judges are nominated by the governors of their respective states.

False

Which key U.S. Supreme Court ruling struck down the death penalty under the cruel and unusual punishment clause of the Eighth Amendment?

Furman v. Georgia

Reformatory Model

Humanitarian concerns, inmate change and indeterminate sentencing emphasized. Rewarding inmates for good acts

What is one reason why it is important for judges to enforce courtroom civility?

Incivility damages the courts' public image.

Penitentiary Model

Industrial revolution and increased population led to concept of isolation

Which benefits are part of being a judge?

Judicial training schools and seminars are available to master and reinforce knowledge of the law. Federal judges serve lifetime appointments. Being a judge warrants a high degree of respect and prestige.

Which set of guidelines outlines appropriate behavior judges should exhibit and demand of others in the courtroom?

Model Code of Judicial Conduct

What are the benefits for courts to transition to a "Paper on Demand" (POD) system?

POD allows the court to more easily distribute its workload across the system. POD dramatically increases efficiency.

Which Supreme Court case upheld the use of victim impact statements?

Payne v. Tennessee

Crime Control Model

Punish career criminals more

Deterrence

Punishment will deter crime.

retribution

Punishment will fit the crime.

Incapacitation

Punishment will prevent freedom of movement.

rehabilitation

Punishment will reform offender.

Which effects resulted from enacting the Sentencing Reform Act?

Rehabilitation was removed as one of the goals of punishment. All federal sentences were made determinate.

A prosecutor is not ready for an important murder trial, so she keeps requesting the trial be continued. Eventually, the delay becomes excessive. The accused waited for over a year to see her day in court, and the courts find that the defendant's right to a speedy trial has been violated. What amendment grants the right to a speedy trial?

Sixth Amendment

What might explain why a recent poll found that 70% of the public are more distrustful of their judges than they have been in the past?

Special interest groups have dramatically increased their funding of judicial elections, often while pressuring candidates to openly share their political views.

Which of the following defendants would be most likely to be successful if they used the "duress defense" to excuse their criminal act?

Stanford robbed a bank because his wife was kidnapped; the kidnappers threatened to kill her unless he robbed the bank and gave them the money.

Rachel believes that she was sentenced to death due to ineffective counsel. According to the U.S. Supreme Court, which of the following actions or behaviors would be the best argument for her to prove that her attorney was ineffective?

The attorney forgot to file a motion on time, which caused the judge to reprimand the attorney for being late.

Which of the following would be considered an aggravating circumstance?

The offender committed other felonies.

Which of the following would be considered a mitigating circumstances?

The offender was acting under duress. The offender had no prior criminal record. The offender has a mental illness.

In which ways have the nation's courts had an impact on prisons?

They extended recognition of the constitutional right of free speech for prisoners. They abolished the South's plantation model of prisons. They reinforced adoption of national standards for prisons.

T/F In the commission-based method of selecting judges, judicial applicants are evaluated by a nominating commission, which sends a list of best-qualified candidates to the governor, who then appoints one of the nominees.

True

T/F Since 2004, eight states have abolished the death penalty in response to exonerations of wrongly convicted prisoners on death row and other issues with capital punishment.

True

Which court has ultimate jurisdiction over all federal courts, as well as over state courts involving issues of federal law?

U.S. Supreme Court

In the State Court system, the intermediate court of appeals have appellate jurisdiction, which is the power of a higher court to review decisions and change outcomes of decisions of lower courts. What is the federal court system's equivalent to the state intermediate court of appeals?

U.S. circuit courts

A mother submits to the court a letter outlining the impact of her son's murder on the surviving family members. This letter is an example of ______.

a victim impact statement

The American legal system, in which there is a contest between two opposing sides, is known as the ______ system.

adversarial

What is the American legal system in which there is a contest between two opposing sides?

adversarial system

Brock Turner was convicted and sentenced for sexual assault in 2016. Although his lenient sentence made national headlines, Turner was required to register as a sex offender for life. In 2018, his lawyer unsuccessfully argued to have his conviction overturned. What is his challenge of the original conviction called?

an appeal

An appeal in the state courts would first go to ______.

an intermediate court of appeals

What kind of training do new judges typically receive?

an orientation and training in addition to continuing education

At which pretrial stage is a defendant asked to enter a formal plea of "guilty" or "not guilty"?

arraignment

Which clerical procedure involves having the accused fingerprinted, photographed, and questioned?

booking

A defendant on trial for murder offers to plead guilty to the lesser offense of manslaughter, claiming he acted in the "heat of passion." This is an example of which type of plea bargaining?

charge bargaining

Which term applies to the intermediate court of appeals that sits between U.S. district courts and the U.S. Supreme Court?

circuit court

When convicted of multiple crimes, what kind of sentences must be served separately?

consecutive sentences

Which member of the courtroom work group creates transcripts of the trial proceedings?

court reporter

The judge, prosecutor, and clerk are among courtroom actors who all work together to move cases through the court system as members of the ______.

courtroom work group

What model of corrections is currently used in the United States?

crime control model

Who has the burden of proof when a defendant asserts an affirmative defense for engaging in criminal conduct?

defense

Andrew is sentenced to a fixed term of 10 years in prison for robbery, which is what kind of sentence?

determinate

What court technology has enabled some states to replace court stenographers?

digital recording

What is the pretrial exchange of evidence between prosecution and defense that aims to ensure a fair trial by preventing major surprises or "bombshell" evidence?

discovery

Together, the state and federal court systems make up America's ______ court system.

dual

Which of the following supports the ultimate goal of achieving "paper on demand" for courts in the United States?

electronic case filing

In 2013, a 16-year-old named Ethan Couch drunkenly collided with a group of people helping a stranded motorist, killing four people. Couch's defense is that although he did drive drunk, he should be granted leniency because he suffered from "affluenza," which meant that during the night of the crash he did not understand the consequences of his actions due to his extremely privileged, wealthy, and dysfunctional upbringing. Couch's "affluenza" is an example of which of the following categories of defenses?

excuse defenses

T/F According to Amnesty International, Mexico is the only country in the Americas that continues to regularly execute prisoners.

false

T/F On average, it costs approximately $85,000 per year to house an inmate in prison.

false

Which development spurred the creation of federal sentencing guidelines?

growing discontent with indeterminate sentences

If a convicted offender is sentenced to a minimum of 10 years and a maximum of 20 years in prison for assault, then what kind of sentencing structure is being used?

indeterminate

Justin was found guilty of murder. He complains that his defense attorney did not check out his alibi or present relevant evidence that would have proved his innocence could potentially claim ______.

ineffective counsel

What is the first stop for an appeal in the state courts?

intermediate court of appeals

Which term would be used to describe inappropriate behavior by a judge, such as treating witnesses or jurors poorly?

judicial misconduct

A court's legal authority to hear and decide a particular type of case is known as ______.

jurisdiction

What are the two categories of affirmative defenses?

justifications and excuses

Which method of execution is commonly believed to be the most humane, in spite of several recent botched executions?

lethal injection

A district court judge serves for ______.

life

Which general term applies to state trial courts of limited jurisdiction, variously called district, justice, justice of the peace, city, magistrate, or municipal courts?

lower courts

Positivist criminology was the basis for which correctional model?

medical model

In which method of state judicial selection does a nominating commission recommend qualified candidates to the governor?

merit selection

If a defendant argues that they should not be held criminally responsible because they had to commit the crime as the result of an emergency situation, which type of justification defense are they asserting?

necessity

The Supreme Court is usually made up of ______ justices.

nine

Ellen enters the voting booth on Election Day and sees vacant state judge position on the ballot. The judicial candidates' names are listed on the ballot but not their political affiliations. What method of judicial selection is being used in Ellen's district?

nonpartisan election

What is the function of a clerk of the court?

organizing and cataloging all of the paperwork generated during a trial

Prosecutors and defense attorneys use which of the following to dismiss a potential juror during the jury selection process without explanation?

peremptory challenges

In the landmark civil rights case of Obergefell v. Hodges (2015), the U.S. Supreme Court ruled that marriage was a fundamental right guaranteed to same-sex couples. This decision found that all state-level laws which banned same-sex marriage were unconstitutional. This is one of many instances in which the U.S. Supreme Court has engaged in ______.

policy-making

Which member of the American criminal justice system is considered to be the most powerful?

prosecutor

Who is the paid government employee whose sole function is to represent indigent defendants?

public defender

Which are paid government employees whose sole purpose is to represent indigent clients?

public defenders

A man is robbed by an armed 15-year-old male as he walks to his car in a parking garage. During the sentencing hearing, the man notes that the offender is young and should be given a sentence that allows him to change his ways to become a productive member of society. Which of the following punishments is the man advocating for?

rehabilitation

Which goal of punishment aims to transform criminals into law-abiding citizens?

rehabilitation

Which goal of punishment is most closely aligned with indeterminate sentencing?

rehabilitation

Steve believes that all murderers should receive the death penalty. Steve is most closely aligned with the punishment goal of ______.

retribution

Which goal of punishment likely emerged first in human society?

retribution

At which stage of the criminal justice process, are victim impact statements generally provided to the court?

sentencing

The ______ is an instrument to assist judges in coming up with consistence sentences for individuals based on the seriousness of the offense they committed, their criminal history, and various other aggravating and mitigating factors.

sentencing guidelines

Which decisions do prosecutors have the authority and power to make at their sole discretion?

sentencing recommendations types of charges the decision to charge whether to entertain plea agreements

Defense attorneys ensure that "effective counsel" is provided for the accused, as guaranteed in the ______ Amendment.

sixth

The dual court system of the United States includes which two court systems?

state and federal

How are tablets and apps used in court?

surveillance

Which of the following statements describes the connection between the M'Naghten Rule and the "right-wrong test?"

the M'Naghten Rule is another term for the "right-wrong test," which is the test used to define legal insanity in most states.

medical model

the concept that diseases have physical causes that can be diagnosed, treated, and, in most cases, cured. When applied to psychological disorders, the medical model assumes that these mental illnesses can be diagnosed on the basis of their symptoms and cured through therapy, which may include treatment in a psychiatric hospital.

What is an inmate contesting in a writ of habeas corpus?

the legality of his or her confinement

Which of the following was a reason the Sentencing Reform Act was enacted?

to arrive at more consistent punishment for the same kinds of crimes

What is the overall role of the appellate court?

to review the transcript of cases for errors

According to the U.S. Supreme Court, what is the prosecutor's primary responsibility in the criminal justice system?

to see that justice is served

T/F According to the Committee on Codes of Conduct of the Judicial Conference of the United States, "liking" social media posts relating to political or social causes can be perceived as judicial misconduct.

true

T/F Affirmative defenses involve a defendant arguing that the act occurred without mens rea.

true

T/F Indigent defendants have the right to appointed counsel for their first appeal only.

true

T/F The role of the appellate court is to review the transcript of cases for errors.

true

How long must a jury deliberate?

until they reach a verdict

Sam is a 30-year-old man who has just been fired from his job. He has a family to support at home and is extremely upset by the prospect of losing his home if he cannot make the next mortgage payment. Although he has no previous criminal record, he becomes desperate and decides to rob a bank. During the robbery, he uses the gun to intimidate the tellers and make them comply with his demands. Which element would be considered an aggravating circumstance?

use of a gun

The caseload for lower courts is ______.

very high

Which statement is provided prior to sentencing that helps the court focus on the human cost of the crime by noting the cost of the crime to the surviving family members or victims of a crime?

victim impact statement